Searching Content indexed under Trials & Appeals & Compensation by Kramer Levin Naftalis & Frankel LLP ordered by Published Date Descending.
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Avoiding Board Observer Liability Under Section 11 Of The Securities Act Of 1933
Lenders and other constituencies will under certain circumstances request and be granted "board observer" rights pursuant to a loan agreement or other contract.
United States
19 Sep 2019
Does Lanham Act Require Willful Infringement For Profit Disgorgement?
Litigation partner and Advertising Litigation Co-chair Norman C. Simon, with associate Patrick J. Campbell, authored a New York Law Journal...
United States
14 Aug 2019
Delaware Court Of Chancery Upholds A Seller's Use Of Contractual Provisions To Maintain Attorney-Client Privilege Over Premerger Communications
In a recent decision, the Delaware Court of Chancery ruled that the seller in a merger could enforce a provision in the merger agreement protecting its privilege over premerger emails with its counsel.
United States
6 Aug 2019
Delaware Supreme Court Allows Caremark Breach Of Loyalty Claim To Go Forward
On June 18, in Marchand v. Barnhill, the Delaware Supreme Court reversed a ruling by the Delaware Court of Chancery in a shareholder derivative suit alleging a breach of the duty of loyalty.
United States
29 Jul 2019
Civil Jury Trials In Federal Court
There may be nothing more exciting in the practice of law than presenting a trial-ready case to a jury.
United States
17 Jun 2019
The Supreme Court Broadens Liability For False Statements Under Rule 10b-5 To "Disseminators"
The decision will likely have a more significant impact in private civil actions rather than in enforcement cases brought by the SEC.
United States
15 Apr 2019
Litigation Financing Agreements Affirmed By NY Appellate Court
The New York Appellate Division of the Supreme Court, First Department recently confirmed the legality of properly structured litigation financing agreements. In Cash4Cases,
United States
11 Apr 2019
Supreme Court To Resolve Recent Circuit Split Over Whether Section 14(e) Of The Exchange Act Requires Proof Of Scienter
On Jan. 4, 2019, the Supreme Court granted certiorari in Emulex Corporation, et al., v. Varjabedian, a case teeing up the question ...
United States
18 Jan 2019
Le rendez-vous manqué entre la CJUE et le compte de paiement
Paris counsel Pierre Storrer authored an article titled "Missed Opportunity Between the ECJ and the Payment Account" ...
16 Jan 2019
Delaware Court Strikes Down Federal Forum Selection Provisions In Certificates Of Incorporation
Allows Plaintiffs to Bring Claims Under the Securities Act of 1933 in Either State or Federal Court
United States
8 Jan 2019
Pour la Cour de cassation, il n'y a pas de distorsion minime
Au cours de ces dernières années, le contentieux lié aux clauses d'indexation a nourri une large part du courant jurisprudentiel relatif aux baux commerciaux. Depuis
18 Dec 2018
DOJ Announces More Lenient Corporate Cooperation Policy
In a speech delivered on Thursday, Nov. 29, 2018, Deputy Attorney General Rod Rosenstein described important changes to DOJ policies for awarding cooperation credit ...
United States
6 Dec 2018
New York Appellate Court Ruling Eases Hurdle To Bringing Derivative Suits Against UK Companies In The New York Courts
On Nov. 14, 2018, a New York appellate court held that in a derivative action brought in a New York court against a company incorporated in the United Kingdom
5 Dec 2018
Horizontal Gifting Upheld In Chapter 11 Plan In The Third Circuit
A noteholder appealed, arguing, among other things, that the plan unfairly discriminated against his class of claims since other unsecured creditors in separate classes would receive 100 percent recovery.
United States
12 Nov 2018
Litigation Funding: An Increasingly Popular Investment Vehicle
As U.S. stock markets enter their 10th straight year of growth, counter-cyclical assets and those in which performance is not correlated to other market cycles are increasingly in demand.
United States
5 Nov 2018
You've Got Contract: An Email Establishes Binding Settlement In The Second Circuit
In Shinhan Bank v. Lehman Brothers Holdings Inc. (In re Lehman Brothers Holdings Inc.), 17-2700 (2d Cir. July 17, 2018), the Second Circuit upheld the bankruptcy court's and district court's ruling that an email ...
United States
31 Aug 2018
Delaware District Court Holds That A $30 Million Haircut Is Not Unfair Discrimination In A Cramdown Plan
After the Third Circuit found that the appeal of confirmation of the Tribune Plan by two senior notes trustees was not equitably moot, Judge Sleet of the Delaware District Court held that the Tribune Plan's failure to strictly enforce ...
United States
31 Aug 2018
Inter Partes Review Is Here To Stay In Modified Form
In a previous post here, we described constitutional and procedural challenges to inter partes review ("IPR") in the Oil States and SAS Institute cases taken up by the U.S. Supreme Court.
United States
23 Aug 2018
Funds Talk: July 2018
Fund managers considering opportunities in permanent capital vehicles have a variety of alternatives to choose from.
United States
18 Jul 2018
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